Legal Question in Wills and Trusts in California
time limit to contest a will
I was the exectrix of my mother's trust and pour over will.She died in 1999. My sister was specically excluded from any inheritance($1 if she contested). I didn't send her a copy , nor did she req,uest one. Instead, I sent her $5,000, telling her our mother wanted her to have it. I aslo made gifts to other family members who were excluded, telling them it was from my mother.
At present, my sister is under tremendous financial and mental stress. She says I stole her inheritance and is threatening to sue. Has the time limit to cntest elapsed?
Was it incumbent upon me to send her a copy of the will and trust. Or was it incumbent upon her to to ask to see it?
Where does the burden of proof lie, if my sister fabricates a death bed bequest claim?
Thank you for your help.
2 Answers from Attorneys
Re: time limit to contest a will
this depends upon whether or not probate was necessary (probate assets not in the trust), whether or not she was a possible beneficiary under any trust which became irrevocable at your mother's death, and other factors.
to answer your questions completely and correctly all relevant documents need to be reviewed. there are also several estate tax and income tax issues which may arise in connection with the will and trust.
you should consult a qualified attorney.
Re: time limit to contest a will
The will should have been lodged (filed) with the Superior Court in the county in which your mother resided at the time of her death. Regarding the trust, it is the duty of the trustee to send a letter to named beneficiaries or those who would be potential heirs, telling them that they are entitled to receive a copy of the trust, and that they will have 120 days to contest it. If you have not done so, you may have a potential issue.
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